TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Supreme Court upholds 'Himtaj oil' classification as Ayurvedic medicament, rejects Revenue's appeal.</h1> <h3>COMMISSIONER OF C. EX., CALCUTTA-IV Versus PANDIT DP. SHARMA</h3> COMMISSIONER OF C. EX., CALCUTTA-IV Versus PANDIT DP. SHARMA - 2003 (154) E.L.T. 324 (SC), 2003 (3) SCR 1041, 2003 (5) SCC 288, 2003 (4) JT 353, 2003 (4) ... Issues: Classification of 'Himtaj oil' as Ayurvedic medicine or perfumed hair oil.Classification of 'Himtaj oil' as Ayurvedic medicine:The Respondents classified 'Himtaj oil' as Ayurvedic medicine under sub-heading 3003.30. The Assistant Collector accepted this classification based on various materials, including a drug license, a letter from the Ayurvedic Department, a study report from an Ayurvedic institute, a market inquiry report, a re-testing report from the Chief Chemist, and an SSI registration certificate. The Commissioner (Appeals) overturned this decision, stating lack of evidence that the product was prescribed by medical practitioners or used as medicine by the common man. However, CEGAT allowed the Respondents' appeal, affirming that 'Himtaj oil' was indeed an Ayurvedic medicament. The Supreme Court upheld this decision, emphasizing that the material evidence supported the classification as an Ayurvedic product, contrary to the Revenue's arguments.Relevance of arguments regarding 'Bhanphool oil':The Additional Solicitor General argued that the decision on 'Bhanphool oil' classification should apply to 'Himtaj oil' as well. Referring to a previous case, it was highlighted that the popular understanding of a product should prevail over scientific or technical meanings. The Court had ruled in a separate judgment regarding 'Bhanphool oil,' which influenced the decision on 'Himtaj oil.' The Court emphasized that the common perception of a product as a medicine was crucial, supported by evidence from the Range Officer and other materials. The Court rejected the Revenue's arguments and upheld the classification of 'Himtaj oil' as an Ayurvedic medicament based on the available evidence.Final Decision:The Supreme Court dismissed the Revenue's appeal, upholding the classification of 'Himtaj oil' as an Ayurvedic medicament. The Court found no fault in CEGAT's decision, as the material evidence and common perception supported the classification. No costs were awarded in this matter.
TaxTMI 